The Boy in the Pool

"Ladies and gentlemen of the jury, a four year old boy has drowned. You have heard evidence that the chain the apartment complex used to lock up its pool frequently hung loose, and that it was loose on the date of the accident. The defense would have you believe this young boy climbed a six foot fence when he could have easily walked right through the poorly chained gate. They have shown you a police photo over and over again showing the gate tightly locked, but that photo means nothing. An independent witness saw the property manager let the EMTs through the gate, then wrap it up much tighter than it had been. Hold this corporation responsible for its careless acts."

"Ladies and gentlemen, you have seen video of the boy's mother voluntarily telling a news reporter that he was a climber and that he easily could have climbed this six-foot, code-compliant fence. Numerous witnesses frequently saw this child out unattended. The mother claims they're thinking of a different child, but admitted to the police that he had gotten out unattended recently, and that they had fallen asleep watching a movie together on the couch when he left the apartment on this occasion. Finally, my client is certain she never opened the gate, despite what that previously evicted tenant claims, and clearly recollected the EMTs taking the child through the pool house. My client is not responsible for this tragic accident."

"You are tasked," the judge began, "with determining if the defendant caused the boy's death, in whole or in part. You must also consider the comparative fault, if any, of the mother. If her fault exceeds the fault of the complex, the verdict is for the defense."

The jury retired to deliberate.

Read Two Choices.